India’s Take on Standard Essential Patents
Published: 7/21/16
Publication: The Libertatem Magazine
History has been evident that the pathways of intellectual property laws and antitrust law have always diverged in light of the inherent and sweet, yet a bitter tussle between the two subjects of law. Even a cursory glance on the cases of Standard Essential Patent (hereinafter “SEP”) can provide one with a better understanding of this feud. SEP is defined by the European Commission as a patent that protects the technology which is […]
Judge Payne severs each parties’ SEPs into separate cases (Huawei v. Nokia)
Published: 7/14/16
Publication: Essential Patent Blog
Judge Payne recently denied a request to proceed with all of the parties’ alleged FRAND-obligated standard essential patents in the same case, disappointing counterclaimants who had wanted to resolve together the single controversy over each of the parties’ standard essential patents. Huawei brought suit asserting patents alleged to be essential to 3GPP LTE standards and subject to a FRAND obligation. Nokia filed a counterclaim against Huawei on patents that also were alleged to […]
Authority scrutiny of SEP and FRAND issues in China
Published: 7/13/16
Publication: Intellectual Asset Management
Antitrust enforcement relating to standard- essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing in China has been a focal point for industry and the international legal community for the past few years. In this regard, the National Development and Reform Commission’s (NDRC) investigation into Qualcomm Corporation was typical of what a licensing company may encounter in China.
Ericsson v. Micromax – A Kick-Start to SEP-FRAND Antitrust Jurisprudence in India
Published: 7/13/16
Publication: Kluwer Competition Law Blog
In its decision passed on 30 March 2016, the Delhi High Court upheld the order passed by the Competition Commission of India (CCI) directing an investigation into the allegations of abuse of dominance against Telefonaktiebolaget LM Ericsson (Ericsson) with respect to its actions as a Standard Essential Patent (SEP) holder. The present decision sets the stage for the jurisdiction of the CCI with respect to anti-competitive actions of essential patent holders vis-a-visimplementers of […]
Nokia Hits Huawei With Suit In 4G Tech Patent Row
Published: 7/13/16
Publication: Law360
Nokia on Wednesday hit Huawei Technologies with a Texas federal suit accusing it of infringing three patents for 4G technology and refusing to negotiate licensing terms, which allegedly would have prevented Huawei from filing some of its own patent-infringement claims against T-Mobile.
Nokia Solutions and Networks US LLC accuses Huawei Technologies Co. Ltd. and Huawei Device USA Inc. of selling and importing into the U.S. mobile phones and tablets that infringe Nokia’s patents. [READ […]
Vodafone v Intellectual Ventures – Is a new front about to open in the FRAND wars?
Published: 7/13/16
Publication: Lexology
When Intellectual Ventures (IV), the world’s largest non-practising entity, sued Vodafone GmbH for infringement of a batch of its standard essential patents (SEPs) in Germany last September, it probably wasn’t expecting the communications services provider to launch a FRAND counterattack in Ireland. But that’s exactly what has happened.
Last month, the Irish High Court gave an indication that Ireland was the appropriate jurisdiction for hearing Vodafone’s allegations that two companies in the IV […]